2016-626202 DOC# 2016-0626202
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vl r Nov 16, 2016 03:50 PM
Recording Requested By: ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES: $39.00
PCOR: N/A
When Recorded Mail to: ) PAGES 9
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
PUBLIC GENERAL UTILITY EASEMENT
1
Assessor's Parcel No: 280-183-29
The City of Encinitas, a Municipal Corporation hereinafter called GRANTOR(S), is the
owner of the real property in the City of Encinitas, County of San Diego, State of
California, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
do(es) hereby grant for a valuable consideration to AT&T California, hereinafter called
GRANTEE, a non-exclusive Public General Utility Easement, subject to the terms and
conditions included as EXHIBIT "D" which is attached and made a part hereof, the real
property described as follows:
SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF.
GRAN O ):
Z /0 ?-;
Glenn Pruim, Public Works Director Date
Signature of"GRANTOR(S)" to be notarized.
Attach the appropriate acknowledgments.
EXHIBIT"A"LEGAL
DESCRIPTION 11
APNS: 260-183-01,02, 03, O5, 0 ,07, 08, 24, 25, 2 , 27, 28,29, 30, 31,32, 33 &260-650-01
VESTING: CITY OF ENCINITAS
PARCEL 1
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHEAST QUARTER OF SECTION 22,TOWNSHIP 13 SOUTH, RANGE 4 WEST,SAN
BERNARDINO BASE AND MERIDIAN,IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED APRIL 19, 1881,DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE EASTERLY BOUNDARY OF RIDGEWAY HEIGHTS
MAP 2163, RECORDED JULY 3, 1929,AS FILE 38018, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF
THAT BOUNDARY LINE HAVING A BEARING AND DISTANCE OF SOUTH 100 10' EAST
1028.19 FEET;
THENCE ALONG SAID EASTERLY BOUNDARY NORTH 100 10'00"WEST 358.15 FEET TO THE
SOUTHERLY LINE OF DEED RECORDED JUNE 16, 1967 AS DOCUMENT NO. 86344 OF
OFFICIAL RECORDS OF SAID COUNTY,AS SHOWN ON PARCEL MAP 1645, RECORDED JUNE
20, 1973 AS FILE 73-169592 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE LEAVING SAID EASTERLY BOUNDARY,ALONG SAID SOUTHERLY LINE,NORTH
85 053'46"EAST 717.64 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF
PARCEL OF SAID PARCEL MAP 1645;
THENCE LEAVING SAID SOUTHERLY LINE OF DEED RECORDED JUNE 16, 1967 AS
DOCUMENT NO. 86344, AS SHOWN ON SAID PARCEL MAP 1645, ALONG SAID SOUTHERLY
BOUNDARY OF SAID PARCEL 2 NORTH 00006'18"EAST 66.76 FEET TO AN ANGLE POINT
THEREIN;
THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY OF SAID PARCEL 2 NORTH
89 028'20"EAST 109.87 FEET TO THE WESTERLY BOUNDARY OF HIGHWAY ROUTE 5 AS
SHOWN ON MISCELLANEOUS MAP 611 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE LEAVING SAID SOUTHERLY BOUNDARY OF SAID PARCEL 2, ALONG SAID
WESTERLY BOUNDARY OF HIGHWAY ROUTE 5 THE FOLLOWING COURSES:
SOUTH 36 040'59"EAST 224.07 FEET;
THENCE SOUTH 30°10'48" EAST 400.04 FEET;
THENCE SOUTH 34 027'52" EAST 401.54 FEET;
THENCE SOUTH 37 059'40"EAST 303.37 FEET;
THENCE SOUTH 29027'50-EAST 300.01 FEET;
THENCE SOUTH 27 018'59"EAST 400.29 FEET;
THENCE SOUTH 21°10'21"EAST 399.16 FEET TO THE SOUTHERLY LINE OF SAID
NORTHEAST QUARTER OF SAID SECTION 22 AS SHOWN ON RECORD OF SURVEY 1299
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS FILE NO. 69617 ON
JUNE 29, 1946;
THENCE LEAVING SAID WESTERLY BOUNDARY OF HIGHWAY ROUTE 5,ALONG SAID
SOUTHERLY LINE SOUTH 89 024'46"WEST 440.63 FEET TO THE SOUTHEAST CORNER OF
LAND DESCRIBED IN GRANT DEED RECORDED JANUARY 27, 2004 AS DOCUMENT NO.
2004-0063548 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE LEAVING SAID SOUTHERLY LINE,ALONG THE EASTERLY LINE OF SAID LAND
DESCRIBED IN DESCRIBED IN GRANT DEED RECORDED JANUARY 27, 2004 AS DOCUMENT
NO. 2004-0063548 NORTH 00 008'46"EAST 151.90 FEET TO THE NORTHEAST CORNER OF
SAID LAND AND THE NORTHERLY BOUNDARY OF THAT LOT SHOWN AS 1.970 ACRES ON
SAID RECORD OF SURVEY 1299;
THENCE LEAVING SAID NORTHEAST CORNER ALONG SAID NORTHERLY BOUNDARY
SOUTH 89 024'46" WEST 118.00 FEET TO THE NORTHWEST CORNER OF SAID 1.970 ACRE
LOT;
THENCE LEAVING SAID NORTHEAST CORNER,ALONG THE NORTHERLY PROLONGATION
OF THE WESTERLY BOUNDARY OF SAID 1.970 ACRE LOT NORTH 00 008'46"EAST 172.01
FEET TO THE NORTHEAST CORNER OF THAT LOT SHOWN AS 2.072 ACRES ON SAID
RECORD OF SURVEY 1299;
THENCE LEAVING SAID NORTHEAST CORNER,ALONG THE NORTHERLY BOUNDARY OF
SAID 2.072 ACRE LOT SOUTH 89 024'46"WEST 615.13 FEET TO THE NORTHWEST CORNER
OF SAID 2.072 ACRE LOT, SAID CORNER ALSO BEING ALONG THE NORTHEASTERLY
BOUNDARY OF THAT LOT SHOWN AS 2.290 ACRES ON SAID RECORD OF SURVEY 1299;
THENCE LEAVING SAID NORTHWEST CORNER,ALONG SAID NORTHEASTERLY
BOUNDARY NORTH 40 048'15" WEST 251.24 FEET TO A POINT ON THE WESTERLY LINE OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22 AS
SHOWN ON RECORD OF SURVEY 15562 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY AS FILE NO. 1997-340525 ON JULY 17, 1997, SAID POINT BEING DISTANT
NORTH 00 004'46"EAST 515.77 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER SHOWN ON SAID RECORD OF SURVEY 15562;
THENCE ALONG SAID WESTERLY LINE NORTH 00 004'46"EAST 803.61 FEET TO THE
SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 22 AS SHOWN ON SAID RECORD OF SURVEY 15562;
THENCE LEAVING SAID WESTERLY LINE ALONG THE WESTERLY PROLONGATION OF
THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 22 AS SHOWN ON SAID RECORD OF SURVEY 15562 SOUTH 89024'14"WEST
332.48 FEET TO THE EASTERLY LINE OF LAND DESCRIBED IN GRANT DEED RECORDED
OCTOBER 17, 1951 IN BOOK 4265, PAGE 153 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE LEAVING SAID WESTERLY PROLONGATION ALONG SAID EASTERLY LINE
NORTH 03053'17" WEST 87.65 FEET TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN
GRANT DEED RECORDED DECEMBER 29, 1961 AS FILE/PAGE 223809 OF OFFICIAL RECORDS
OF SAID COUNTY;
THENCE LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE OF SAID LAND
DESCRIBED IN GRANT DEED RECORDED DECEMBER 29, 1961 AS FILE/PAGE 223809 SOUTH
89 022'38"WEST 316.58 FEET TO SAID EASTERLY BOUNDARY OF RIDGEWAY HEIGHTS MAP
2163;
THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID EASTERLY BOUNDARY NORTH
O1 000'00"EAST 226.90 FEET TO THE POINT OF BEGINNING.
CONTAINING 40.96 ACRES MORE OR LESS.
PARCEL2
THAT PORTION OF THE NORTHWEST QUARTER SECTION 22, TOWNSHIP 13 SOUTH,RANGE
4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE EASTERLY BOUNDARY OF RIDGEWAY HEIGHTS
MAP 2163, RECORDED JULY 3, 1929, AS FILE 38018, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF
THAT BOUNDARY LINE HAVING A BEARING AND DISTANCE OF SOUTH 1 000' WEST 599.95
FEET;
THENCE ALONG SAID EASTERLY BOUNDARY N 01 000'00"EAST 232.83 FEET TO THE
NORTHWEST CORNER OF LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED
MARCH 20, 1950 IN BOOK 3545,PAGE 270 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE LEAVING SAID EASTERLY BOUNDARY,ALONG THE NORTHERLY BOUNDARY OF
SAID LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN
BOOK 3545, PAGE 270,NORTH 89°22'38"EAST 328.55 FEET TO THE NORTHEAST CORNER OF
SAID LAND;
THENCE LEAVING SAID NORTHEAST CORNER,ALONG THE EASTERLY BOUNDARY OF
SAID LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN
BOOK 3545, PAGE 270, SOUTH 03-53'17"EAST 300.06 FEET TO THE SOUTHEAST CORNER OF
SAID LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN
BOOK 3545, PAGE 270;
THENCE LEAVING SAID SOUTHEAST CORNER,ALONG THE SOUTHERLY BOUNDARY OF
SAID LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN
BOOK 3545, PAGE 270,SOUTH 89°22'38"WEST 344.51 FEET TO SAID EASTERLY BOUNDARY
OF RIDGEWAY HEIGHTS MAP 2163;
THENCE LEAVING SAID SOUTHERLY BOUNDARY,ALONG SAID EASTERLY BOUNDARY,
NORTH 07013'00"WEST 67.29 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.34 ACRES MORE OR LESS.
EXHIBIT `B"
PUBLIC UTILITY EASEMENT LEGAL DESCRIPTION
ALL THAT PORTION OF THE PRIVATE ROAD AND UTILITY EASEMENT
KNOWN AS SOMERSET AVENUE AS SHOWN ON PARCEL MAP NO. 21298,
RECORDED NOVEMBER 23, 2015 AS DOCUMENT NO. 2015-7000451, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP
NUMBER 21298, SAID CORNER ALSO BEING THE CENTERLINE OF THE
EXISTING 60' PRIVATE ROAD EASEMENT FOR SOMERSET AVENUE;
THENCE NORTH 00°43'30" EAST, 5.80 FEET ALONG THE EASTERN
BOUNDARY OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING OF THE
CENTERLINE OF THE 5 FOOT WIDE UTILITY EASEMENT; THENCE LEAVING
SAID BOUNDARY, SOUTH 89-16'30" EAST, 22.80 FEET; THENCE SOUTH
00°43'30" WEST, 15.30 FEET TO THE END OF THE CENTERLINE OF THE
5 FOOT WIDE EASEMENT AND ITS INTERSECTION WITH THE EXISTING
SDG&E POWER POLE IDENTIFIED AS P246086.
SAID EASEMENT AREA IS 190.50 SQUARE FEET, MORE OR LESS.
P
FESSIO
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U 9
6 No. 8302
EXHIBIT " C"
PLAT OF PUBLIC UTILITY EASEMENT
0 30 60
Feel
SCALE 1' = 30'
N 89'58'05' E 107.01'
30.00'
oCARETTA WAY I
°o (PRIVATE) 310' PVT ROAD EASEMENT
n I
77.01 30' PVT. RD. 30' PVT. RD,
EASEMENT EASEMENT
rn
d
30' SDG&E ESMT RECORDED W
9/3/1965 AS FILE/PAGE NO. >
161471 OF CFFICIAL RECORDS Q
r-
W
PARCEL 3 (n W
P.M. # 21298 0l ll� H
WQ w
� >
3 ° En
0 M I
a
n d °o
n I 0.1 z
N \
0
N
' 5' WIDE
7,a k4, UTILITY EASEMENT
O� S 89'16'30' E 22.80'
S 89'51'36' E 77.01' �— 30.00'
�4j;i'0.*3� PP W'4
,o,
o0R,UlsS/O,yq S�F i +R�Zie%
0. S,GIFyc I
w n-i
No.0O28302
BASIS OF BEARING:
* Exp.3131 I t& * EAST PL OF PARCEL 3
X191 CML P Cld, I.E. N 00'43'30' E
FOFCA1�F�
ROBERT 0. SUKUP
RCE 28302
EXHIBIT "D"
Terms and Conditions for
Grant of Public General Utility Easement
The grantor has granted a public utility easement for grantee to install cables, conduits,
conductors, and related appurtenances underground and minimum eighteen inches
deep. The grantor reserves the right to grant easement to other entities and/or use the
areas within the easement at its own discretion and in a manner that will not interfere
with or be detrimental to the use of said easement by Grantee.
Grantee shall coordinate with other public utility companies that the same easement is
granted to, in order to avoid conflict.
The Grantee hereby covenants and agrees for itself, its successors and assigns, not to
prevent the Grantors, their successors or assigns, from using the areas within the
easement and agrees that the Grantors, their heirs, successors and assigns, may enjoy
the continued use of the of said real property herein described, subject to the conditions
above stated.
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this Certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
o.� D�� SS.
S
County of ,/�
On ( l — I — \b before me, �P1� I-\ • S' M0 h Notary Public,
DATE
personally appeared l s E Vl Y� �C v) y1n who proved to me on the
basis of satisfactory evidence to be the persons) whose name(s is re subscribed �the within instrument
and ac ledged to me that�heyshe/they executed the
sa is er/their authoriz capacity(ies), and that
b his)h their signature(s) on the instrument the
pe n(s), or the entity upon behalf of which the
persons) acted, executed the instrument.
ANGELA A. SIMON
N Comm 9 2009314 /p I certify under PENALTY OF PERJURY under the
NOTARY PUBLIC CALIFORNIA III
SAN DIEGO COUNTY laws of the State of California that the foregoing
MY Comm.EXP.MAR 2,2077
paragraph is true and correct.
ANGELA A. SIMON
Comm.$ 2009314 N WITNESS my hand and official seal.
NOTARY PUBt1C-CALIFORNIA`K Sul MEW CWm
1.......+.� Mr CM,EV WB.2.2017
1.......... Ik/, APMM�. � •
PLACE NOTARY SEAL IN ABON L SPACE NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TrrLEIS)
ATTORNEY-IN-FACT NUMBER OF PAGES
E] GUARDIAN/CONSERVATOR
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
F] OTHER:
OTHER
RIGHT
SIGNER(PRINCIPAL)IS REPRESENTING: THUMBPRINT
NAME OF PERSON(S)OR ENTITY(IFS)
OF
SIGNER -
NCL
APA 012015
NOTARY BONDS.SOPPLIESAND PORMSAT HTTP9/WWW VALLEY-SIERRA COhI x2005-201 VALLEY-SIERRAINSURA